New South Wales Consolidated Acts

NATURE CONSERVATION TRUST ACT 2001 - SECT 31

31 Meaning of “diligent inquiry”

(1) For the purposes of section 30, a "diligent inquiry" to identify a person is the taking of the following actions:

(a) the searching of the following registers:

(i) the Register kept under the Real Property Act 1900 ,

(ii) the General Register of Deeds kept under the Conveyancing Act 1919 ,

(iii) each Register kept under the Commonwealth Native Title Act,

(b) placing, on a board or other structure in a conspicuous place on the land concerned, a notice:

(i) stating that it is intended that an agreement between the Trust and the landholder specified in the notice be entered into in respect of the land, and

(ii) summarising the substance of the proposed agreement, and

(iii) inviting all other landholders of the land to contact the Trust at a specified address,

(c) publishing a notice referred to in paragraph (b) in a newspaper circulating in the vicinity of the land concerned and in a newspaper circulating generally in New South Wales.

(2) For the purposes of section 30, a person who is a native title holder is taken to have been unable, after diligent inquiry, to be found or identified if:

(a) notice of the proposed Trust agreement is served by the Trust in accordance with section 43, and

(b) at the expiration of the period of 4 months commencing on service of the notice, the person is neither a registered native title claimant nor a registered native title body corporate in relation to the land concerned.